SEPTEMBER 9, 2021

POLICY COMMITTEE MEETING 1:00 PM

Newberg School District Board Room · 714 E 6th St. · Newberg, Oregon 97132

NEWBERG SCHOOL DISTRICT 29J BOARD OF DIRECTORS

POLICY COMMITTEE

Newberg School District 29J • September 9, 2021 Policy Committee of the Board of Directors • 1:00 PM

The Policy Committee of the Board of Directors of the Newberg School District 29J will meet on Thursday, September 9, 2021 at 1:00 pm, via Zoom conference call to discuss a policy on ensuring a safe environment to learn and develop a recommendation to present in a first read to the Board at their September 14, 2021, regular meeting. Discussion items may include the following:

I. Call to Order ...................................................................................................................... 1:00 pm II. Ensuring Safe Environments to Learn Policy ..................................................................... 1:00 pm III. Adjourn .............................................................................................................................. 2:30 pm

To listen to the meeting, call one of these numbers and follow the prompts: 1-253-215-8782 or 1-301-715-8592 Meeting ID: 896 5466 3335; Passcode: 579557

Or login via Zoom, using Meeting ID: 896 5466 3335; Password: 579557 https://us02web.zoom.us/j/89654663335?pwd=R20wNHNiYjZ6ZGJOL2JyQ3lhQkxXUT09

Newberg School District is an equal opportunity educator and employer. Persons having questions about or requests for special needs and accommodations should contact the Board Secretary;

Phone: 503-554-5036; or the Newberg School District Business Office, 714 East Sixth Street, Newberg, Oregon, 503-554-5000.

Posted: September 8, 2021

ENSURING SAFE ENVIRONMENTS TO LEARN 

The following includes some of the existing law and policy reasons for this policy but shall not be a part of the text of the actual policy: 

WHEREAS  

District Policies INCA, KJA, and ORS 260.432 already prohibit district employees from promoting candidates, ballot measures, elections, political committees, political matters, and distribution of inappropriate materials while on the job during working hours; and  

Students and classrooms should be safe and free from bias, intimidation, coercion, and a place where students can feel free to express themselves without fear of retaliation; and  

  District Policy IB protects students’ free speech, freedom of expression, and free assembly and such 

rights should be protected in the school facilities without coercion or political or quasi political indoctrination from district employees; and 

  District employees are given a valuable and critical position of trust to protect and promote every 

child’s education regardless of that child’s interests, beliefs, political or quasi political positions; and   

District policy GBC explains that all district employees have been hired for the primary mission of educating all students; and 

  While performing their roles as teachers or District employees, all District staff is speaking on behalf 

of the school district; and  

Controversial topics change periodically but displays expressing support or opposition on those topics from district employees while in their official roles, particularly classroom teachers, can cause the same fear, intimidation, and chilling of free speech to children from every perspective and therefore should be addressed with a uniform District policy; and 

  The District is entitled to take legitimate and appropriate steps to ensure that its educational 

message and educational mission is neither garbled nor distorted, particularly with respect to keeping students free to learn and explore the established curriculum, and be free from undue influence, fear, or intimidation that may be manifested by political, quasi‐political, or controversial displays by District Staff in their classroom, or other area of employment; and 

 

 

 

 

 

THEREFORE, the text of District Policy GBC shall be amended by adding the following text: 

 

Ensuring Safe Environments to Learn 

No district employee shall, while acting within the scope of their employment, either during school hours, or inside their physical area of responsibility at a school (such as a classroom, meeting room, desk area) hang, post, erect, or otherwise display ( hereafter “display”) any posters, signs, flags, banners, pictures or other digital or physical image that depicts support or opposition relating to a political, quasi‐political, or controversial topic.   

For purposes of this policy a controversial topic shall be defined as one that a professional educator could reasonably understand to have students on more than one side of said issue.  For purposes of this policy a political or quasi‐political topic includes contemporary issues being debated in the local, state or national political climate.   

Any person concerned with a particular Display should first notify the District employee believed to be responsible for the Display.  Alternatively, the concerned person may anonymously file a complaint with a supervisor, school principal or the principal’s designee pursuant to District Policy.    

Notes and Exceptions: 

* This policy does not restrict in any way students’ First Amendment rights, nor change Policy IB or IGAC.   

* This policy does not restrict in any way District employees First Amendment rights when not speaking in their official capacity, nor while not on the job or if they are not using a forum provided exclusively to them as an employee, or otherwise speaking on behalf of the District.  

* This policy does not limit, nor apply to communications, nor the free exchange of ideas during the course of approved educational events or exploration of approved curriculum.   

* Official district billboards in school offices, and union materials covered by collective bargaining agreements and are expressly exempt from this policy. 

* The flags of the United States of America and the State of Oregon are not prohibited by this policy. 

 

Newberg School District 29JCode: INCA

Adopted: 3/11/91Readopted: 2/26/07

Orig. Code(s): 7710

Political Figures in District Facilities

The Board shall support the participation of major political figures in a variety of school events. Suchevents include, but are not limited to, building dedications, awards assemblies, commencement andcurricular innovations, such as a mock convention.

If such event should occur during a campaign year, the candidate shall be expected to refrain from usingissues/materials related to that campaign.

Each candidate shall be expected to adhere to the rules and procedures established for outside resourcepersons.

END OF POLICY

Legal Reference(s):

ORS 332.107

ORS 336.067

OAR 581-022-1020

Political Figures in District Facilities - INCA1-1

Newberg School District 29JCode: KJA

Adopted: 6/11/07Orig. Code(s): 8340

Materials Distribution**

Requests by individuals or groups to distribute pamphlets, booklets, flyers, brochures and other similarmaterials to students/staff shall be submitted to the superintendent. A sample of materials and theproposed method of distribution shall be submitted to the superintendent for review.

Materials shall be reviewed based on legitimate educational concerns. Such concerns include: the materialis or may be defamatory; the material is inappropriate based on the age, grade level or maturity of thereading audience; the material is poorly written, inadequately researched, biased or prejudiced; the materialcontains information that is not factual; the material is not free of racial, ethnic, religious or sexual bias; orthe material contains advertising that violates public school laws, rules or policy, is deemed inappropriatefor students or that the public might reasonably perceive to bear the sanction or approval of the district.

The superintendent/designee shall determine distribution procedures. Such procedures may include:

1. Distribution to each student/staff before or after class if materials are not directly related to theinstructional goals;

2. Notification to students/staff or parents of the availability of the materials in a specified location ifthis procedure is deemed less disruptive to the educational process;

3. Solicitation of school-related groups such as parent organizations to distribute materials; or

4. Any commercial advertisement directed at staff/student/parent/other group shall not be distributedunless prior approval has been obtained under the policy guidelines as outlined in Board policy KI -Fundraising and Solicitation and Board policy KJ - Commercial Advertising/Merchandise Sales.

The practice of distributing pamphlets, booklets, flyers, brochures and other similar materials shall beperiodically reviewed to ensure that the mere volume of requests has not become an interruption to theeducational process.

END OF POLICY

Legal Reference(s):

ORS 332.107

46 OR. ATTY . GEN . OP. 239 (1989)

Materials Distribution** - KJA 1-1

ORS 260.432 Quick Reference— Restrictions on Political Campaigning for Public Employees

Generally, ORS 260.432 states that a public employee* may not, while on the job during working

hours, promote or oppose election petitions, candidates, political committee or ballot measures.

Additionally, no person (including elected officials) may require a public employee (at any time) to

do so.

*A “public employee” includes public officials who are not elected, whether they are paid or

unpaid (including appointed boards and commissions).

As used in this Quick Reference

We use the phrase “advocate(s) a political position” to mean—

promote or oppose an initiative, referendum or recall petition, candidate, political committee or ballot measure.

The term “impartial” means equitable, fair, unbiased and dispassionate.

See the Secretary of State’s detailed manual on ORS 260.432 for specific factors to assist in ensuring impartiality in communications

about ballot measures. It is posted on the website under Election Laws, Rules and Publications, Manuals and Tutorials.

For more detailed information about ORS 260.432 and information about other election laws, contact:

Elections Division phone 503-986-1518 Secretary of State fax 503-373-7414 255 Capitol St NE, Suite

501

tty 1-800-735-2900 Salem, OR 97310 web www. oregonvotes.gov

Prohibited Activities

A public employee, while on the job during work hours may not:

prepare or distribute written material, post website information, transmit emails or make a presentation that advocates a political

position

collect funds, prepare filing forms or correspondence on behalf of candidates or political committees

produce or distribute a news release or letter announcing an elected official’s candidacy for re-election (except for an elections official

doing so as an official duty) or presenting an elected official’s political position

make outgoing calls to schedule or organize campaign events or other political activity on behalf of an elected official or political

committee (however, a scheduler may, as part of official duties, take incoming calls about the official’s availability and add an event to

the schedule)

grant unequal access to public facilities to candidates or political committees

direct other public employees to participate in political activities, when in the role of a supervisor

draft, type, format or edit a governing body’s resolution that advocates a political position (except to conform the resolution to a

standard format)

prepare or give recommendations to the governing body urging which way to vote on such a resolution

sign such a resolution, except if the signature is only ministerial and clearly included to attest the board took the vote

announce the governing body’s position on such a resolution to the media

include the governing body’s position or vote on such a resolution in a jurisdiction’s newsletter or other publication

A public employee who provides voter registration assistance under the federal National Voter Registration Act (NVRA) must not, when

performing voter registration services, influence a client’s political choices. This means no display of political preferences, including a

restriction that no political buttons may be worn. ORS 247.208(3)

Allowable Activities

A public employee, while on the job during working hours may:

prepare and distribute impartial written material or make an impartial presentation that discusses election subjects (using the

guidelines provided in the Secretary of State’s detailed manual on ORS 260.432.)

The Secretary of State’s Elections Division is also available for an advisory review of draft material about ballot measures produced by

government agencies.

perform standard job duties, such as taking minutes at a public meeting, maintaining public records, opening mail, inserting a

proposed resolution into a board agenda packet, etc.

impartially advise employees about possible effects of a measure, but not threaten them with financial loss to vote a particular way

address election-related issues while on the job, in a factual and impartial manner, if such activity is legitimately within scope of

employee’s normal duties

as staff of an elected official, handle incoming calls about the official’s availability for political events

prepare neutral, factual information for a governing body to use in determining what position to take on an issue (planning stage of a

governing body’s proposed issue before certified as a measure to a ballot is not subject to ORS 260.432)

in a clerical manner, incorporate amendments into a finalized version of a governing body’s resolution on an issue respond to public

records request for information, even if the material advocates a political position

wear political buttons subject to applicable employer policies unless the public employee is providing voter registration services

under NVRA, where additional restrictions apply -

A public employee, on their own, off duty time, may send letters to the editor that advocate a political position and may participate in

any other lawful political activity.

It is advised that a salaried public employee keep records when appropriate in order to verify any such political activity that occurs

while off duty.

Prohibited and Allowable Activities for Elected Officials*

*includes a person appointed to fill a vacancy in an elective public office

Elected officials may:

advocate a political position at any time. Elected officials are not considered a“public employee” for purposes of ORS 260.432. ORS

260.432(4)(a).

vote with the other elected officials of a governing body (such as a school board, city council or county commission) to support or

oppose a measure, and publicly discuss such a vote—but must not use the public employee staff time to assist in this, except for

ministerial functions

perform campaign activity at any time, however must take caution not to involve any public employee’s work time to do so

Elected officials may not:

in the role of a supervisor, request a public employee—whether the public employee is on or off duty—to perform any political activity

A request made by a person in a position of supervisor or superior is viewed as a command for purposes of this election law.

have an opinion piece or letter advocating a political position published in a jurisdiction’s newsletter or other publication produced or

distributed by public employees

Newberg School District 29JCode: IB

Adopted: 7/12/11

Freedom of Expression

Student have a general right to freedom of expression within the school system. The district requires,however, that students exercise their rights fairly, responsibly and in a manner not disruptive to otherindividuals or to the educational process.

Freedom of Student Inquiry and Expression

1. Generally, students and student organizations are free to examine and discuss questions of interest tothem and to express opinions publicly and privately within the school system, provided suchexamination and expression is fair and responsible and is not disruptive to other individuals or to theeducational process. Students may support or oppose causes by orderly means which do not disruptother individuals or the operation of the school.

2. In the classroom, students are free to examine views offered in any course of study, provided suchexamination is expressed in a responsible manner.

Freedom of Association

Students are free to organize associations to promote their common interests. Student organizations shouldbe open to all students. Membership criteria may not exclude students on the basis of age, race, religion,color, national origin, disability, marital status, sex or sexual orientation. Each student organization musthave a staff adviser to counsel and, when necessary, supervise students in the organization. All studentorganizations must submit to the school a statement of purpose, criteria for membership, rules andprocedures and a current list of officers. School administrators may establish reasonable rules andregulations governing the activity of student organizations.

Publications, Displays and Productions

On occasion, materials such as leaflets, newsletters, cartoons and other items including displays andproductions are prepared, produced and distributed by students as part of the educational process and freeexpression in an academic community. Materials may be subject to administrative review, restricted orprohibited, however, pursuant to legitimate educational concerns. Such concerns include:

1. The material is or may be defamatory;

2. The material is inappropriate based on the age, grade level or maturity of the audience;

3. The material is poorly written, inadequately researched, biased or prejudiced;

4. Whether there is an opportunity for a named individual or named individuals to make a response;

Freedom of Expression - IB1-3

5. Whether specific individuals may be identified even though the material does not use or give names;

6. The material is or may be otherwise generally disruptive to the school environment. Such disruptionmay occur, for example, if the material uses, advocates or condones the use of profane language oradvocates or condones the commission of unlawful acts;

7. Students, parents and members of the public might reasonably perceive the materials to bear thesanction or approval of the districts.

High School Student Journalists

Generally, high school student journalists have the right to exercise freedom of speech and of the press inschool-sponsored media. School sponsored media means materials that are prepared, substantially written,published or broadcast by student journalists that are distributed or generally made available, either free ofcharge or for a fee, to members of the student body and that are prepared under the direction of a studentmedia adviser. School-sponsored media does not include media intended for distribution or transmissionsolely in the classrooms in which they are produced.

School-sponsored media prepared by student journalists are subject to reasonable time, place and mannerrestrictions, pursuant to state and federal law. School-sponsored media cannon contain material that::

1. Is libelous or slanderous;

2. Is obscene, pervasively indecent or vulgar;

3. Is factually inaccurate or does not meet journalistic standards established for school-sponsoredmedia;

4. Constitutes an unwarranted invasion of privacy;

5. Violates federal or state law; or

6. So incites students as to create a clear and present danger of:

a. The commission of unlawful acts on or off school premises;b. The violation of district policies; orc. The material and substantial disruption of the orderly operation of the school. A school

official will base a forecast of material and substantial disruption on specific facts, includingpast experience in the school and current events influencing student behavior, and not onundifferentiated fear or apprehension.

Modifications or removal of items may be appealed in writing to the superintendent/designee. Thesuperintendent/designee shall schedule a meeting in a timely manner after receiving the written appeal. Those present at the meeting shall include the individual(s) making the appeal, the individual(s) who madethe decision to modify or remove materials and the superintendent/designee. The superintendent’s/designee’s decision shall be final and binding on all parties.

Freedom of Expression - IB2-3

END OF POLICY

Legal Reference(s):

ORS 332.072

ORS 332.107

ORS 336.477

ORS 339.880

ORS 339.885

OAR 581-021-0050

OAR 581-021-0055

Equal Access Act, 20 U.S.C. §§ 4071-4074 (2006).

Westside Cmty. Bd. of Educ. v. Mergens, 496 U.S. 226 (1990).

Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988).

U.S. CONST. amend. I; U.S. CONST. amend. XIV.

OR. CONST., art. I, § 8.

Cross Reference(s):

IGDA - Student Organizations

IGDB - Student Publications

INB - Studying Controversial Issues

Freedom of Expression - IB3-3

Newberg School District 29JCode: GBC

Adopted: 12/11/06Orig. Code(s): 3250

Staff Ethics

All district employees have been hired for the primary goal of furthering the district's mission to educate allstudents. It is the district's expectation that staff shall act in performance of their professional activitieswith that goal in mind.

District employees shall not engage in, or have financial interest in, any activity that raises a reasonablequestion of conflict of interest with their duties and responsibilities as staff members, including thefollowing:

1. Employees shall not solicit for financial remuneration from students, parents and other staff;

2. Employees shall not further personal gain through the use of confidential information gained in thecourse of or by reason of position or activities in any way;

3. Employees shall not use or attempt to use their official position to obtain financial gain or avoidanceof financial detriment.

Hiring/Supervision

No administrator or supervisor shall exercise supervisory authority over a person who is a member ofhis/her immediate family. Persons regularly employed by the district prior to the inception of suchrelationship shall not be terminated but may be transferred to another building or placed under differentsupervision, if necessary, to eliminate potential conflict.

More than one member of an immediate family may be hired as a regular district employee. In accordancewith Oregon law, however, the district may refuse to hire individuals, or may transfer current employees insituations where an appointment would place one family member in a position exercising supervisory,appointment or grievance adjustment authority over another member of the same family.

No district employee may serve as a Board member in the district. No district employee may serve as aBoard or budget committee member in the district.

“Family” as used in this policy and as defined by law means the wife, husband, son, daughter, mother,father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild or the individual.

Outside Employment

An employee shall not perform any duties related to an outside job during his/her regular working hours.An employee shall not use any district facilities, equipment, or materials, in performing outside work

Staff Ethics - GBC1-2

unless the facilities, equipment or materials are made available on the same basis as they are tonon-employees.

Private Tutoring

No tutoring for which an employee receives a fee shall be allowed in a school building or on school time,and no district-owned equipment may be used except in the following situations:

1. Private lessons, such as music lessons and other enrichment activities that are clearly beyond thescope of the regular school curriculum, may be given for remuneration outside the school day. Useof school facilities must be approved using the district process for facility use approval on the samebasis as for non-employees; or

2. Staff may tutor for remuneration outside of normal school hours students eligible for homeboundservices according to procedures established by the superintendent.

Gifts and Solicitation

All employees are prohibited from accepting items of material value of $100 per person on a singleoccasion and not more than $250 in any one calendar year from a company, organization, student, parentor other individual. Individual employees need to be accountable for maintaining integrity and avoid accepting items offered for the purpose of influencing his/her professional judgment.

END OF POLICY

Legal Reference(s):

ORS 244.010

ORS 244.020

ORS 244.040

ORS 244.120

ORS 244.130

ORS 244.350 - 244.380

ORS 294.311

ORS 294.336

ORS 332.016

ORS 659A.309

OAR 584-020-0040

OR. GOV 'T STANDARDS AND PRACTICES COM M 'N , OR. GOV 'T STANDARDS AND PRACTICES LAWS, A GUIDE FOR PUBLIC OFFICIALS

(2003).

Staff Ethics - GBC2-2

Newberg School District 29JCode: IGAC

Adopted: 3/11/91Readopted: 1/22/07

Orig. Code(s): 7200

Teaching about Religion

The public schools are obligated to maintain neutrality in matters of religion.

Religion influences many areas of education, such as literature and history, and religion’s role incivilization can and should be properly taught.

It is proper to teach about religion and not teach sectarian beliefs. Teachers may expose students toinformation concerning religions and religious beliefs but shall not advocate, openly or covertly or bysubtlety, a particular religion or religious belief.

In the spirit of tolerance, students and staff may be excused from participating in practices that are contraryto their religious beliefs without penalty.

END OF POLICY

Legal Reference(s):

ORS 332.107

ORS 336.035

U.S. CONST. amend. I.

OR. CONST., art. I.

Teaching about Religion - IGAC1-1

OSBA Model Sample Policy

Code: GBGAdopted:

Staff Participation in Political Activities

Employees may exercise their right to participate fully in affairs of public interest on a local, county, stateand national level on the same basis as any community member in a comparable position in public orprivate employment and within the law.

All district employees are privileged within the limitations imposed by state and federal laws andregulations to choose any side of a particular issue and to support their viewpoints as they desire by vote,discussion or persuading others. Such discussion and persuasion, however, will not be carried on duringthe performance of district duties, except in open discussion during classroom lessons that considervarious candidates for a particular office or various sides of a particular political or civil issue.

On all controversial issues, employees must designate that the viewpoints they represent on the issues arepersonal and are not to be interpreted as the district’s official viewpoint.

No employee will use district facilities, equipment or supplies in connection with his/her politicalactivities, nor will he/she use any time during the work day for such political activities.

END OF POLICY

Legal Reference(s):

ORS Chapter 244 ORS 260.432

OR. CONST., art. XV, § 8.

7/19/16│SL Staff Participation in Political Activities – GBG1-1